Illawathura (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant, Illawathura, had been "auto cleared" for the "finalised health requirement," indicating that they met the necessary health criteria. The dispute centred on whether the applicant satisfied Public Interest Criterion (PIC) 4005.

The primary legal issue before the Tribunal was to determine if the applicant met the requirements of PIC 4005, specifically subclause (1)(aa) as it pertains to clause 485.313 of Schedule 2 to the Migration Regulations. This involved assessing whether the applicant's health status complied with the prescribed criteria for the visa.

The Tribunal found that a hearing was not necessary, as it could determine the matter based on the existing documentation. Applying section 360(2)(a) of the Migration Act 1958 (Cth), the Tribunal concluded that the applicant met the requirements of PIC 4005(1)(aa) for the purposes of cl 485.313. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets these criteria.